the notification‚ etc. Misrepresentation and Fraud * Relationship between Misrepresentation and Fraud * Misrepresentation: assertion that is not in accord with the truth * Can be “innocent” or “fraudulent” * Innocent: not intentionally deceptive * Fraudulent: made with knowledge of falsity and intent to deceive * Either one can give the complaining party right to rescind contract * Fraud: type of misrepresentation that is committed knowingly
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NEGLIGENT ADVICE To prove that negligence exists‚ three elements must be established. DUTY OF CARE Two factors must be established‚ relationship proximity and reasonable foreseeability. According to Hedley Byrne principle(Hedley Byrne v Heller & Co Ltd [1964] AC 465)‚ there was a relationship of circumstantial proximity between a professional financial adviser and client‚ which gave rise to Denise owing Charlie the duty of care because Charlie would rely on Denise with the intention
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Chapter 9.4 Yes! Because in the State that this contract is performed under‚ Winkel is entitled to the profit share bonus. The original written contract states nothing about the raise or profit-share. Unfortunately because FHC went into an oral modification of the written contract which is permitted in the State‚ FHC must hold to its oral obligation. Chapter 10.7 Andrus wins. Where‚ shortly before expiration date of fire insurance policy with no provision for renewal‚ insurance agent sent
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Introduction to Business Law- Assignment 1B Advise TLC Ltd. as to any possible action they may have for misrepresentation against answer Ltd. _____________________________________________________________________ Treitel in The Law of Contract (2003) defines a contract as: “An agreement giving rise to obligations which are enforced or recognised by law. The factor which distinguishes contractual from other legal obligations is that they are based on the agreement of the contracting
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Ethical Misrepresentation One might argue that misrepresentation of academic credentials as demonstrated by Marilee Jones‚ the dean of admissions at the Massachusetts Institute of Technology (Lewin‚ 2007) and a lie are not the same thing. She knowingly falsified information and suppressed it for several years; this is an ethical misrepresentation of epic proportions. When people misrepresent skill sets or academic accomplishments to achieve certain goals‚ they chose to play an ethical game of
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In a December 28‚ 2016‚ Minnesota Supreme Court Ruled that an employer can deny a former employee unemployment benefits if their termination resulted from a misrepresentation on their job application. In a MPR News article‚ Bob Collins recounts the story of Nina Wilson‚ a woman who worked at a mortgage services company before she was fired for lying about her educational level. After five months of employment‚ the company issued a background check of Wilson and found no evidence that she had ever
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Question: Nur Aini‚ a highly stressed-rich widow‚ was enticed into joint a group as a Way of Life (PAWOL) by Alias‚the leader of the group. Alias promised Nur Aini that by transferring‚ all her wealth to him‚ he would ensure that she is cleansed of all evil and would not be burden with any worldly problems. Believing his words‚ Nur Aini transferred all her wealth to Alias and stayed together other followers. Two years after joining the group‚ Nur Aini realized that she had been tricked into parting
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Introduction It is imperative to determine whether or not the relationship between Investment Bhd (the Company) and A Bank Bhd (the Bank) is bound as a contract. Forming a legally binding agreement‚ or a contract‚ requires four elements; an offer‚ the acceptance of that offer‚ the intention to be legally bound‚ as well as consideration. Referring to the case of Affin Credit (Malaysia) Sdn Bhd v Yap Yuen Fui‚ the lack of an offer and acceptance will cause an agreement to be declared void from the
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everyone is dying‚has AIDS or who is thirsty and hungry lends credence to this. Another reason for the negative perception is the so-called expect practitioners‚ and scholars who perpetuate these stereotypes to no end‚continualy feeding the misrepresentation engine.These people have place Africa at the bottom of every pole on the internatIonal scale.many of such scholars who seems to be lords of poverty dedicate their lives to joint dsaviour moment.They teach and explain the continent as a place
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Misrepresentation Misrepresentation is a concept in contract law referring to a false statement of fact made by one party to another party‚ which has the effect of inducing that party into the contract. For example‚ under certain circumstances‚ false statements or promises made by a seller of goods regarding the quality or nature of the product that the seller has may constitute misrepresentation. A finding of misrepresentation allows for a remedy of rescission and sometimes damages depending on
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